2012 (10) TMI 879 - AT - Service Tax

CENVAT Credit of Service Tax - canteen services - Held that - As decided in CCE, Nagpur Versus Ultratech Cement Ltd. 2010 (10) TMI 13 - BOMBAY HIGH COURT CENVAT Credit would be admissible to the full extent only if the full expenditure of canteen services is borne by the assessee. If any amount has been recovered for providing the food/canteen facilities from the employees, CENVAT Credit of Service Tax paid proportionate to the amount will have to be deducted for availment of credit. Remit the matter for the limited purpose of verification as to whether the canteen services were provided free of cost or any amount was recovered - in favour of assessee as directed.

Summary

Issues:
- Allowance of CENVAT Credit on service tax paid for canteen services
- Interpretation of relevant legal precedents
- Admissibility of CENVAT Credit based on High Court rulings
- Consideration of recovery of expenses for canteen services
- Remand to original adjudicating authority for further verification

Analysis:
The judgment by the Appellate Tribunal CESTAT, Ahmedabad revolves around the allowance of CENVAT Credit on service tax paid for canteen services. The Commissioner had initially permitted the credit, leading to an appeal by the Revenue. The Revenue argued that the credit should only be allowed if the services are used directly or indirectly in relation to manufacturing, citing the decision of the Hon'ble Supreme Court in a specific case. However, the Tribunal noted a contrary ruling by the Hon'ble High Court of Mumbai in another case, where it was held that credit for canteen services is admissible. The Tribunal emphasized that the credit can be availed to the full extent if the entire expenditure on canteen services is borne by the assessee. If any amount is recovered from employees for these services, the proportionate Service Tax credit must be deducted. The Tribunal highlighted the need for verification regarding the provision of canteen services free of cost or any recovery made, remanding the matter for further assessment by the original adjudicating authority.

The Tribunal rejected the Revenue's reliance on certain legal precedents and upheld the decision based on the High Court ruling, emphasizing the need for full expenditure coverage by the assessee for availing the credit. The Tribunal also addressed the issue of contradictory opinions and the referral to a Larger Bench, concluding that penalties and demands confirmed under an extended period were not sustainable in this case. Consequently, the Tribunal remanded the matter to the original adjudicating authority for a fresh decision regarding the Service Tax availed on canteen services, focusing on the recovery of expenses and the admissibility of the credit based on the specific circumstances of the case.